A divorce ruling in Ohio was vacated when new facts surfaced that brought to light that the marriage was invalid, ruled Judge George McCarthy. The Athens County Common Pleas Court Judge granted the divorce for a couple that was married in California. However, only one member of the couple had attended court proceedings and Judge McCarthy did not realize until after the divorce was granted that the couple was two women. Due to a valid marriage being a requirement for divorce in the state, the judge vacated the order because Ohio does not recognize same-sex marriages. Judge McCarthy did note in his ruling that he was not expressing any personal opinion on the issue, and that any constitutional issues involved were for higher courts to resolve.
See Susan Tebben, Same-Sex Divorce Vacated Because Marriage Legally Invalid, Athens Ohio Today, Dec. 18, 2014.
Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.
